Mount Carmel Borough v. Lehigh Valley Coal Co.
Supreme Court of Pennsylvania
Appeal, No. 34, Jan. T., 1912, by the Lehigh Valley Coal Company, from decree of C. P. Northumberland Co., Equity Docket No. 2, No. 249, on bill in equity in case of Borough of Mount Carmel v. The Lehigh Valley Coal Company, et al. Bill in equity for injunction. Before Savidge, P. J. The opinion of the Supreme Court states the case. Error assigned, among others, was the decree of the court.
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
Owing to the unprecedented delay in disposing of this case in the court below, it is with much regret that we are compelled to remand it and direct that it be heard anew by that tribunal. The bill was filed in September, 1902 and the final decree was not entered until October, 1911. If we were to dispose of the case in the present condition of the record, it would be at the risk of doing injustice to one or the other of the parties and possibly to both. The record is voluminous, the requests for -findings of facts and law are numerous and complicated, and the…
2Cited by2 opinions
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